the location of the attack. then it would depend on a lot of other things... if I was on the Jury, to be honest, it would in the end depend on the dog. I'm getting old and fat but 90% of the dogs out there I can still take care of with one hand.

This would IMHO come under the Theory of Competing Harms... a basic legal principal...

Theory of competing harms

Conduct which the actor believes to be necessary to avoid harm to himself or another is justifiable if the desirability and urgency of avoiding such harm outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the statute defining the offense charged. The desirability and urgency of such conduct may not rest upon considerations pertaining to the morality and advisability of such statute, either in its general or particular application.

In Ohio if being attacked by dog its legal to shoot it. FYI-Judge will ask "was dog attacking you,your family,guest`s,your pet or any livestock you own"? Ask me how I know. If your answer is 'yes' its legal. If your answer is 'no' get your wallet out. I would check your state and local laws, things may vary.

When faced w/ this situation, it may well be that you will not be charged w/ anything regarding the dog, however, you may still be charged w/ discharging a firearm within a city(if that is your locality). This was the answer given to me about a situation I was in, in Wyoming.
elkman06

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"The right of the citizens to bear arms in the defense of themselves and of the state shall not be denied." Wyoming Constitution Article 1, Sec24

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